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The Golden Door

News and views on immigration law

Posts Tagged ‘I-9’

The Advantages of Citizenship

Tuesday, November 18th, 2014

Some U.S. permanent residents choose to remain residents rather than become citizens once they become eligible to naturalize.

Most of these permanent residents, in my experience, chose not to naturalize because while they live and work in the United States, they do not feel particularly ‘American.’  They may still feel a strong affinity to their country of nationality, or they may feel alienated from American culture.  They may come from countries where the U.S. was a foreign invading force that terrorized their families and feel that America is therefore not deserving of their loyalty.

Whatever the philosophical reasons, here is the concrete reality:  U.S. citizens have more rights and less burdens than U.S. permanent residents.  U.S. citizens can never be deported.  Permanent residents can be deported for, in some cases, surprisingly minor offenses, especially those involving drugs or narcotics.  U.S. citizens can vote and thus have a voice in government.  Citizens have more public benefits available to them than permanent residents.  In matters in which identity must be proved, for example applying for a marriage license, a driver’s license, Social Security card, opening financial accounts or applying for insurance, there are less paperwork requirements for citizens than permanent residents.  When permanent residents lose their green card (the actual card, not their status) their lives become a continuing series of closed doors.  Without their actual green card in many states permanent residents cannot obtain or renew their driver’s license or Social Security card.  Without a driver’s license they cannot legally drive and without both a green card and a driver’s license they cannot properly complete the I-9 form (see List B and List ) verifying eligibility for employment, which means strict limitations on how they can earn a living.

A permanent resident friend of mine was happily living and residing in America without feeling the need to naturalize.  He was an Ivy-league educated professional working at a well-paid IT job.  He was married, with a young child.  He had never gotten into trouble with the law, ever, and was a smart person and so figured he would just stay out of trouble and therefore did not have to worry about getting deported.  Then his wife, who had always struggled with mental illness, began a downward spiral.  She became violent towards him and erratic in her care of their child.  Their child was placed in foster care due to the unsafe home situation and she was committed to a mental health facility.  After she was released, his wife blamed him for their predicament.  After physically attacking him as he was driving one day, he obtained a protection order against her.  A divorce and custody battle ensued.  I pointed out to my friend that I would not be surprised if his wife falsely accused him of domestic violence, given her tenuous grasp on rationality, and that a domestic violence conviction can be grounds for deportation.  He is now applying for his citizenship, as he cannot risk being deported or disadvantaged in any way in his quest to make sure his child is safe and adequately cared for.

The moral of this story is that as a permanent resident you can be a smart, law-abiding person minding your own business and still run into the specter of deportation.  It is not as far-fetched as you may think.  Get your citizenship if you can.

Tran Law Associates can help you navigate the requirements of citizenship, and address any troubling aspects of your history that need rehabilitation before you can successfully naturalize.

False claim of U.S. citizenship – beware this pitfall!

Saturday, January 19th, 2013

As an immigration attorney, I find it important to make people aware of this potential pitfall. It may seem like a minor thing.  You, a non-U.S. citizen and lacking working papers, fill out a job application and check the box that says you are a U.S. citizen.  If you don’t check it, you don’t have the documents to prove that you’re eligible to work.  If you do check it, you get the job.  You know it’s probably against the law, but it’s what you need to do to get a job and pay the bills.

And it’s not like you’re going out and robbing someone, dealing drugs, or committing some sort of violent crime.

But, under immigration laws, the penalty for making a false claim of U.S. citizenship is the heaviest one available:  deportation without the usual avenues for relief.  If you are convicted of making a false claim of U.S. citizenship you are ineligible to apply for Cancellation of Removal, the same as if you are an aggravated felon or drug trafficker, or committed certain crimes of moral turpitude.  So the act of checking the “U.S. citizen” box on an I-9 form can land you in the same hot water as if you had  been caught dealing drugs or assaulting someone with a deadly weapon.

Harsh reality, but reality it is.